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Part 26 Forestry Operations and Similar Activities
General Requirements
26.1.1 Prime contractor requirements for forestry operations
If the owner of a forestry operation enters into an agreement referred to in section 118 (1) of the Act designating a person to be the prime contractor for a workplace, the owner must ensure that
(a) the person designated
(i) is qualified to be the prime contractor in respect of that workplace, and
(ii) has the authority necessary to fulfill the responsibilities of prime contractor under the Act, including, without limitation, authority over any employer, worker or other person who may be carrying out the work of the owner at the workplace, and
(b) not more than one person holds the designation of prime contractor for that workplace at any given time.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.1.2 Multiple-employer workplace
(1) This section applies to a multiple-employer workplace in a forestry operation.
(2) Before starting any activity that is likely to create a hazard for an independent operator or a worker of another employer, the person intending to carry out the activity must notify the prime contractor.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.2 Planning and conducting a forestry operation
(1) The owner of a forestry operation must ensure that all activities of the forestry operation are both planned and conducted in a manner consistent with this Regulation and with safe work practices acceptable to the Board.
(2) Every person who has knowledge and control of any particular activity in a forestry operation must ensure that the activity is both planned and conducted in a manner consistent with this Regulation and with safe work practices acceptable to the Board.
(3) The planning required under this section must
(a) include identification of any work activities or conditions at the workplace where there is a known or reasonably foreseeable risk to workers,
(b) be completed before work commences on the relevant activity, and
(c) be documented at the time of planning.
(4) If, after any planning referred to in subsection (3), there is a change in the workplace circumstances, including the work activities and the conditions of the workplace, and the change poses or creates a known or reasonably foreseeable risk to workers that was not previously identified, then
(a) the plan must be amended to identify and address the risk and provide for the health and safety of the workers at the workplace, and
(b) the amendment must be documented as soon as is practicable.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.3 Training
(1) Every worker in a forestry operation must receive the training necessary to safely perform the worker's duties.
(2) The requirements of subsection (1) are deemed to have been met with regard to duties of a type performed before April 15, 1998 if
(a) the worker performed the duties regularly for at least 2 years prior to that date, and
(b) the duties performed were documented by April 15, 1999.
(3) Records must be kept, in a form and manner acceptable to the Board, of the training provided in subsection (1).
(4) On request of a worker, a copy of the records under subsection (3) that pertain to the worker must be provided to the worker.
[Amended by B.C. Reg. 20/2008, effective May 1, 2008.]
26.3.1 Forestry operation fire fighting
(1) Workers in a forestry operation who fight a forest fire must be
(a) trained in their fire fighting duties in accordance with a standard acceptable to the Board, and
(b) physically capable of performing their duties safely and effectively.
(2) Training must be provided annually to every worker who is required to fight forest fires and records must be kept of the training provided to each worker.
(3) Except under emergency conditions, a worker who is fighting a forest fire must wear
(a) long pants and a long sleeved shirt made of cotton, wool, denim or flame resistant material, or
(b) other protective clothing appropriate to the hazards to which the worker may be exposed.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.4 Notice of project
(1) This section
(a) applies to a workplace in a forestry operation where the work is expected to last more than 5 working days, but
(b) does not apply where the work is limited to
(i) timber cruising,
(ii) forestry road or cutblock layout, or
(iii) surveying.
(2) Not more than 30 days and not fewer than 24 hours before the start of work at a workplace, the owner for whom the work is being done must ensure that a notice of project is provided to the nearest Board office.
(3) If it is necessary to do immediate work in order to prevent injury to workers or damage to property, work on the project may commence immediately, and the owner for whom the work is being done must ensure that a notice of project is provided to the nearest Board office at the earliest possible time.
(4) A notice of project under subsection (2) or (3) must be provided in a form and manner acceptable to the Board.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.5 Initial safety meeting
(1) In this section, "new work location" means a work location in a forestry operation where the crew of workers has not previously worked.
(2) Before a crew of workers starts work in a new work location, a crew safety meeting must be held to inform the workers of any known or reasonably foreseeable risks in that location and the actions to be taken to eliminate or minimize those risks.
(3) If a worker did not attend the crew safety meeting under subsection (2) for a new work location, before starting work in that location, the worker must receive a safety orientation that covers any known or reasonably foreseeable risks in that location and the actions taken to eliminate or minimize those risks.
(4) Records must be kept of the crew safety meetings and safety orientations provided under subsections (2) and (3).
26.6 Working alone
Repealed. [B.C. Reg. 20/2008, effective May 1, 2008.]
26.7 Highly visible clothing
(1) Highly visible outer clothing that meets the requirements of Part 8 must be worn by a worker in a forestry operation if
(a) the worker may be endangered by any moving equipment or line,(b) the worker's location must be routinely checked, or
(c) the worker is involved in harvesting trees at night.
(2) Safety headgear worn by a worker in a forestry operation must be a high visibility colour that contrasts with the background against which the worker is working.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.7.1 Climbing equipment
(1) In this section, "climber" means a worker who climbs trees or wooden spars at the workplace.
(2) Unless a climber uses other equipment acceptable to the Board, a climber must use(a) a safety belt,
(b) a climbing rope or strap, and
(c) climbing spurs.
(3) If a climber must disconnect the climbing rope or strap in order to move by an obstacle, the climber must use a second climbing rope or strap to ensure continuous protection while passing the obstacle.
(4) Before a climber begins a climbing activity, a written climber rescue plan must be developed and communicated to all persons associated with the climbing activity.
(5) If a climber rescue plan requires another climber,
(a) a duplicate set of climbing equipment must be available for immediate use at the climbing work site, and
(b) the other climber must be available to carry out any required rescue.
(6) If there is a possibility of a climbing rope or strap being severed in the conditions present at a climbing work site, then
(a) the rope or strap must be made of material that cannot be severed, or
(b) the climber must use a second climbing rope or strap.
(7) Climbing equipment must be maintained in good order.
(8) A climber must inspect the climbing equipment before each use to ensure it is in good order.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.7.2 Weather conditions
When weather conditions create a hazard for a worker in a forestry operation, additional precautions must be taken as necessary for the safe conduct of the work.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.8 Cutting cables
A hammer or axe must not be used to cut wire rope, unless designed for that purpose.
26.9 Chainsaw training
Repealed. [B.C. Reg. 312/2003, effective October 29, 2003.]
26.10 Metal in saw logs
A spike, drift bolt, nail, or any other metal must not be left in any recoverable log.
26.11 Dangerous trees
(1) If it is known or reasonably foreseeable that work will expose a worker to a dangerous tree,
(a) the tree must be felled, or
(b) a risk assessment of the tree must be undertaken by a person who has completed a training program acceptable to the Board.
(2) If a risk assessment under subsection (1) determines that a tree poses a risk to a worker, the recommendations made in the risk assessment for eliminating or minimizing the risk must be implemented before the work referred to in that subsection starts.
(3) Despite subsections (1) and (2), if work in a forestry operation is to be carried out in an area that has more than 500 dangerous trees per hectare, the Board may approve a request to work without felling or assessing all the dangerous trees if, before the work starts,
(a) a person who has completed a training program acceptable to the Board conducts a risk assessment of a representative sample of the dangerous trees, and
(b) any recommendations made in the risk assessment for eliminating or minimizing the risks are implemented.
[Enacted by B.C. Reg. 20/2008, effective May 1, 2008.]
26.12 Vehicle load limits
Repealed. [B.C. Reg. 312/2003, effective October 29, 2003.]
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